§ 6400.3. Applicability.
(a) This chapter applies to community homes for people with an intellectual disability or autism, except as provided in subsection (f).
(b) This chapter contains the minimum requirements that shall be met to obtain a certificate of compliance. A certificate of compliance shall be obtained prior to operation of a community home for individuals with an intellectual disability or autism.
(c) This chapter applies to profit, nonprofit, publicly funded and privately funded homes.
(d) Each home serving nine or more individuals shall be inspected by the Department each year and shall have an individual certificate of compliance specific for each building.
(e) Each agency operating one or more homes serving eight or fewer individuals shall have at least a sample of its homes inspected by the Department each year. The certificate of compliance issued to an agency shall specify the location and maximum capacity of each home the agency is permitted to operate.
(f) This chapter does not apply to the following:
(1) Private homes of persons providing care to a relative with an intellectual disability or autism.
(2) Residential facilities operated by the Department.
(3) Intermediate care facilities for individuals with an intellectual disability licensed by the Department in accordance with Chapter 6600 (relating to intermediate care facilities for individuals with an intellectual disability) or intermediate care facilities for individuals with other related conditions.
(4) Foster family care homes licensed by the Office of Children, Youth and Families of the Department that serve only foster care children.
(5) Summer camps.
(6) Facilities serving exclusively personal care home, drug and alcohol, mental health or domiciliary care residents.
(7) Residential homes for three or fewer people with an intellectual disability or autism who are 18 years of age or older and who need a yearly average of 30 hours or less direct staff contact per week per home.
(8) Child residential facilities which serve exclusively children, which are regulated under Chapter 3800 (relating to child residential and day treatment facilities).
(g) This chapter does not measure or assure compliance with other applicable Federal and State statutes and regulations and local ordinances. It is the responsibility of the home to comply with other applicable statutes, regulations, codes and ordinances.
Authority The provisions of this § 6400.3 amended under sections 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code (62 P.S. § § 201(2), 403(b), 403.1(a) and (b) and 901—922 and 1001—1088); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4201(2)).
Source The provisions of this § 6400.3 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595; amended June 25, 1999, effective October 26, 1999, 29 Pa.B. 3295; amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial pages (381931) to (381932).
Cross References This section cited in 55 Pa. Code § 6400.3a (relating to clarification of the applicability of this chapter to private homes—statement of policy); and 55 Pa. Code § 6400.4 (relating to definitions).
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